OVER 50 TICKET
Speeding offences are the most common offence that we assist clients with. The most serious of these offences are for rates of speed 50 km/h or more over the posted speed limit.
- How speeding tickets work?
- What are the court penalties?
- Suspended Licence
- Novice Drivers
- Commercial Drivers
- What to do if charged by the police?
Every single day, people are on the roadways traveling for work, transporting friends or family members, or simply driving for leisure. Almost everyone has exceeded the speed limit at one time or another. It could have been for a brief moment to pass another vehicle or it could have been for hours to simply get where you’re going to quicker. Suddenly, in the rearview mirror you see the flashing lights of the police and you’re pulling over to the side of the road.
Speeding tickets aren’t good news. They come with court penalties such as a fine, suspension of driver’s licence, or in the worst cases of a Stunt Driving offence even imprisonment. Upon conviction, the MTO can also require you to attend a licence-review interview (that you must pay to attend), suspend your licence, or even outright revoke your licence. A conviction at court can also directly impact your insurance costs including being forced onto very expensive high-risk insurance.
The worst of the speeding offences are for rates of speed 50 km/h or more over the posted speed limit. These offences carry the highest range of penalties upon conviction. Unlike smaller speeding tickets that are argued by a Municipal Prosecutor at court, these offences are issued by way of a summons and are argued by a Provincial Crown Prosecutor at court. This highest range of speeding offence also involves a longer, more complex court process.
HOW DO OVER 50KM/HR SPEEDING TICKETS WORK?
Speeding offences fall under section 128 of the Highway Traffic Act (HTA) in Ontario. Speeding offences are broken down into 4 ranges of offence:
|Range of Speeding||Demerit Points|
|+1 to +15||0|
|+16 to +29||3|
|+30 to +49||4|
|+50 or greater||6|
As seen in the above chart, rates of speed that are 50 km/h or more over the posted speed limit carry the largest penalty of 6 demerit points.
WHAT ARE THE COURT PENALTIES FOR OVER 50KM/H SPEEDING?
One of the penalties for speeding is a fine. The amount of fine issued is calculated by each km/h that the defendant was over the posted speed limit:
|Range of Speeding||Cost per km/h|
|+1 to +19||$3.00|
|+20 to +29||$4.50|
|+30 to +49||$7.00|
|+50 or greater||$9.75|
These fines are doubled where the offence occurred in a construction zone with workers present:
|Range of Speeding||Cost per km/h – Construction Zone|
|+1 to +19||$6.00|
|+20 to +29||$9.00|
|+30 to +49||$14.00|
|+50 or greater||$19.50|
Fines are also subject to a $5.00 court cost and the victim fine surcharge:
- The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act. It is deposited into a special fund to help victims of crime.
- The amount of the VFS is usually 20 per cent of the imposed fine. For example, a $100 fine would result in a $20 surcharge. Fines over $1,000 carry a surcharge of 25 per cent.
CAN THE COURT SUSPEND MY LICENCE?
Yes. For speeding offences that are 50 km/h or more over the speed limit the court can suspend your licence as follows:
- suspend the driver’s licence of the person for a period of not more than 30 days;
- upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days;
- upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year. 2005, c. 26, Sched. A, s. 17 (9).
A conviction is considered subsequent if it was within 5 years of a previous offence.
WHAT IF I’M A NOVICE DRIVER?
Novice drivers are those who have not yet achieved a full licence (i.e. those on a G1, G2, M1, or M2 licence). Novice driver licences are more fragile than a full licence and are subject to various restrictions and conditions. Once such condition is that a conviction for any single offence carrying 4 or more demerit points will result in escalated sanctions penalties from the MTO. As an offence for speeding 50 km/h or more over the posted speed limit carries a 6 demerit point penalty, upon conviction a novice driver would also be subject to escalated sanctions penalties as follows:
- 30-day licence suspension for the first occurrence
- 90-day licence suspension for the second occurrence
- Licence cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program or BDE credit would be forfeited when the licence is cancelled. Please note that in the case of a hybrid driver, only the novice-class licence is cancelled on the third occasion; their full-class licence is maintained.
COMMERCIAL MOTOR VEHICLE DRIVERS
Transport truck drivers and operators of other commercial motor vehicles (CMV) must be extremely careful of speeding 50 km/h or more over the speed limit while on the job. These drivers face the usual court, licencing, and insurance penalties as a regular driver would. However, they also face the prospect of losing their current employment and potentially not being employable in the transportation industry. CMV offences will generally include the employer’s CVOR number on the offence notice. Just like the driver would receive a record of conviction and demerit points, so too would the company receive a record of conviction and CVOR points. Many CMV drivers are unaware that CVOR points for speeding offences escalate much more quickly than demerit points do:
|Range of Speeding||CVOR Points|
|+1 to +10||2|
|+11 to +20||3|
|+21 or greater||5|
To provide context, a conviction of Careless Driving for having jack-knifed a tractor trailer or having rolled a transport truck off the side of the highway also carries 5 CVOR points. A 5 CVOR point offence is incredibly serious and can be a career-ending problem.
WHAT SHOULD I DO IF CHARGED BY THE POLICE?
The immediate first step is to seek out the information that you will need to make informed decisions in response to some very serious issues. Small legal mistakes at the start of your defence can result in unnecessarily being convicted or having a poorer outcome at court. You generally only have one opportunity to defend yourself at court and running a poor defence on your own is not a strong argument for appeal. If convicted, you will be facing years of consequences that can impact you financially, your ability to drive, and even your employability.
OTD Legal Services is here to help you. Put a licenced paralegal in the courtroom on your behalf to protect your interests. Most cases of speeding 50 km/h or more over the speed limit can be resolved without the defendant ever having to step foot in a courtroom. Our licenced paralegals will ensure that your court filings are done correctly and that your defence is argued properly.
Our friendly staff are happy to assist you with a no-cost, no-obligation initial consultation to go through your case history and details with you. We can be reached via the toll-free number 1-844-647-6869, text at 226-240-2480, or by email at firstname.lastname@example.org. You can also request your free consultation online and one of our staff will contact you to assist you.